V. Kalpana vs The Government of Tamil Nadu

Honourable Mr. Justice Vinod K. Sharma

The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the order dated 12.12.2011 declaring the Respondent No. 4 as

the Chairperson of the Village Level Committee/VEC of the Panchayat Union Middle School, Ayanvelur, Velur Post, Via Kalamarudur,

Ulundurpet Taluk. The petitioner is the Ward Member of Velur Panchayat Union Ward No. 2. The school referred to above is situated in Ward

No. 2. The Government issued instructions vide G.O. (Ms) No. 108, School Education (C2) Department dated 31.07.2003 to form Four Tier

Committee i.e., State, District, Block and Village levels to implement and monitor Sarva Shiksha Abiyan programme in Tamil Nadu.

The relevant portion of the Government Order with regard to Village Level committee reads as under:

Not less than one SC/ST and 1/3 of the members should be Women. Where there are two or more schools in a Panchayat, the Panchayat

President will be the Chairman of the VEC of his choice.

The ward members of the wards whether they are located will be the Chairpersons of the VECs of other schools. Where there is more than one

school in a ward after nominating the Chairman as per the above procedure, the Collectors and nominate the Chairman of the Committee from

among the remaining Wards members, Collector shall also nominate all non-official members.

The petitioner has challenged the impugned order on the ground that the Respondent No. 4 has been appointed as the chairperson of the Village

Level Committee in violation of the Government instructions. The petitioner who belongs to Ward No.2 has been ignored though he was to be

declared Chairperson automatically, by virtue of Government Order dated 12.12.2011.

The translated copy of the impugned order reads as under:

Panchayat Union Middle School

Ayanvelur

Village Education Committee

Dated : 12/12/2011

The Chairman of the Village Education Committee, Panchayat Union Middle School, Ayanvelur Village which is situated within the limits of Ward

Nos.2 and 3 are appointed as per the following recommendations.

Thiru.Rangaramanujam, who is elected as the Panchayat President is nominated for the post of Chairman of the Village Education Committee,

Panchayat Union Middle School, Ayanvelur. Instead Thiru.Rangaramanujam preferred to the Chairman, Village Education Committee of the Velur

Govt. High School and hence recommended Ward - 2 Member Mrs.Kalpana. Meanwhile, Ward - 3 Member Thiru.M. Shanmugam has also

applied for the said post. After careful consideration of both the applicants and according to the written recommendation of the legislative member

Thiru.R.Kumaraguru, written recommendation from the Minister, Dept. Of School Education and according to the orders of the Chief Educational

Officer, Villupuram District, Thiru.M. Shanmugam is declared as the Chairman, Panchayat Union Middle school, Ayanvelur.

A reading of the order shows, that the Respondent No. 4 has been appointed on the recommendation of Thiru.R.Kumaraguru, the legislative

member on recommendation from the Minister, Dept. of School Education.

The appointment of Respondent No.4 being contrary to the Government instructions and having been made on the recommendation of the

Minister and MLA cannot be sustained in law. Neither the Minister nor the MLA had jurisdiction to recommend the appointment against the

Government instructions.

Consequently, the writ petition is allowed and the impugned order is set aside, and the case is remitted back to the third respondent to constitute

a fresh committee, strictly in accordance with the Government instructions. No costs. Consequently, the connected miscellaneous petitions are

closed.